Employment

  • June 26, 2020

    GM Beats National Class Claims In FLSA Comp Time Case

    A Michigan federal judge refused Friday to let a nationwide collective action against General Motors get in gear, saying former GM workers alleging the carmaker shorted them on pay failed to show they had enough in common with ex-employees beyond their immediate metropolitan area.

  • June 26, 2020

    Trans Rights Battle Moves From Playing Field To The Courts

    Lindsay Hecox just wanted to run. She found herself at the center of one of the fiercest debates in the nation's perpetual LGBTQ culture wars.

  • June 26, 2020

    4th Circ. Won't Undo $5M Injury Award Against Trucking Co.

    The Fourth Circuit on Friday narrowly affirmed a $5.1 million award in a suit accusing a trucking company of severely injuring a man's foot, leading to its amputation, saying the trial judge didn't err by giving certain jury instructions regarding the company's status as an employer.

  • June 26, 2020

    Coronavirus Q&A: MoFo's Global Privacy Group Co-Chair

    In this edition of Coronavirus Q&A, Morrison & Foerster LLP partner Miriam H. Wugmeister digs into growing concerns among in-house counsel about the increased personal data they'll likely need to collect to safely reopen their businesses and how her homebound colleagues and clients are teaming up to fight hackers remotely.

  • June 26, 2020

    9th Circ. Won't Save LG, Samsung Workers' Antitrust Suit

    A group of LG and Samsung workers has failed to persuade the Ninth Circuit to breathe new life into their claims that the mobile tech giants used no-poach deals to stand in the way of labor competition.

  • June 26, 2020

    Borden's Ch. 11 Sale Gets OK After Deal Struck To Honor CBA

    A Delaware bankruptcy judge on Friday signed off on Borden Dairy Co.'s Chapter 11 sale after the buyers agreed to honor the collective bargaining agreements between the debtor and its workers' unions, a point of contention that delayed the court's blessing.

  • June 26, 2020

    JPMorgan Can't Beat DOL's Gender Pay Bias Suit

    A U.S. Department of Labor administrative law judge shut down JPMorgan's attempt to score an early win in a lawsuit by the agency's enforcement unit claiming the investment bank paid female employees less than their male counterparts when carrying out its government contracts.

  • June 26, 2020

    Chinese Businesswoman Gets 3 Years For Visa Fraud Scheme

    A Chinese businesswoman who admitted to participating in a scheme to commit visa fraud was sentenced to 37 months in prison in Illinois federal court Friday.

  • June 26, 2020

    Coronavirus Q&A: Arizona Hospital Association's CEO

    In this edition of Coronavirus Q&A, the Arizona Hospital and Healthcare Association's chief executive officer discusses how a surge of COVID-19 is affecting patients of different ages, policy priorities involving litigation immunity and emergency waivers, and how large urban hospitals are scrambling to shuttle in personnel and serve patients from other areas.

  • June 26, 2020

    The Week In Bankruptcy: Virus Dominoes Continue To Fall

    As the fourth month of COVID-19 winds down, bankruptcy filings across several industries continue to increase. The tendrils of the economic disruption wrought by the pandemic have worked their way further into the energy and retail sectors and toppled a longtime staple in the family entertainment industry.

  • June 26, 2020

    NLRB GC Eyes Lower Bar For Winning Damages From Unions

    The National Labor Relations Board's top prosecutor wants to make it easier for workers to win back pay awards from unions they say didn't fulfill a legal duty to fight unfair firings or other discipline, according to a memo released Friday.

  • June 26, 2020

    Canada's Top Court Greenlights Uber Drivers' $300M Suit

    Canada's top court ruled Friday that Uber must face a nearly US$300 million class action alleging it misclassified drivers as independent contractors, saying that arbitration agreements it foisted on them were too one-sided. 

  • June 26, 2020

    7th Circ. Won't Revive Merck Employee Bias Suit

    The Seventh Circuit on Friday affirmed a lower court's summary judgment in favor of Merck Sharp & Dohme Corp. in an employee's suit claiming sex and disability discrimination, retaliation and failure to accommodate her disability, ruling the "undisputed facts" showed no evidence of wrongdoing by the pharmaceutical giant.

  • June 26, 2020

    Data Scraper Asks High Court To Leave LinkedIn Ruling Alone

    Data analytics startup hiQ Labs Inc. has urged the U.S. Supreme Court not to review a Ninth Circuit ruling that made way for the startup to scrape LinkedIn's publicly available information in order to resell it, arguing that the appeals court's reading of the Computer Fraud and Abuse Act to exclude viewing and gathering public information is correct.

  • June 26, 2020

    COVID-19 Remote Work Denial Not Discrimination, Court Told

    A Massachusetts engineering firm fought back against a claim that it fired an employee because he asked to work remotely during the COVID-19 pandemic, saying Friday that the worker simply abandoned his job after the request was denied and he offered no proof of discrimination.

  • June 26, 2020

    Ex-CTO Stole Trade Secrets, Sports Data Co. Claims

    A Chicago sports data provider is accusing its former chief technology officer of stealing trade secrets and refusing to give back company information, and says when she was terminated, she left behind an "intimidating" screensaver cautioning the company to "think twice."

  • June 26, 2020

    Making Antibody Tests Optional Won't Erase Legal Risks

    Although the U.S. Equal Employment Opportunity Commission's recent edict that businesses can't force returning employees to take COVID-19 antibody tests doesn't preclude employers from asking workers to take tests voluntarily, companies risk legal trouble if antibody detection is part of their reopening plan, experts say.

  • June 26, 2020

    DOL Says COVID Leave OK If Virus Sinks Kids' Summer Plans

    Workers can take federal coronavirus leave to care for kids if the pandemic disrupted a demonstrable plan to send them to summer camp, even if they weren't enrolled when the virus hit, the U.S. Department of Labor said Friday in one of two new COVID-19 guidance letters.

  • June 25, 2020

    'Compound King' Gets 10 Years For $22M Health Care Fraud

    A Texas federal judge on Thursday sentenced a Houston compounding pharmacist and self-proclaimed "Compound King" to 10 years in prison for his role in a scheme that fraudulently billed the government about $21.8 million for medically unnecessary creams and gels.

  • June 25, 2020

    DOL Targets Wage Violations At Warehouses Near Border

    The U.S. Department of Labor announced a $134,000 settlement Thursday with a Mexican company that it said underpaid Mexican workers employed in an American warehouse, a deal the agency described as marking the start of an effort to weed out labor abuses in the warehousing industry along the border.

  • June 25, 2020

    Dead People Got $1.4B In Stimulus Pay Due To Legal Finding

    A legal interpretation offered by the Internal Revenue Service helped lead the federal government to send $1.4 billion worth of pandemic-related stimulus payments to people who have died, according to a government watchdog report published Thursday.

  • June 25, 2020

    Uber Misclassification Claims Likely To Survive, Judge Says

    Uber drivers' claims that the ride-hailing giant deprived them of benefits by misclassifying them as independent contractors are likely to survive dismissal efforts, a California federal judge said Thursday, the same day California's attorney general sought a preliminary injunction to force both Uber and Lyft to reclassify drivers as employees.

  • June 25, 2020

    11th Circ. Partially Reinstates Whistleblower's $348M FCA Win

    The Eleventh Circuit restored much of a $348 million False Claims Act jury verdict against a nursing home manager previously overturned by a district court judge, saying Thursday that a whistleblower had adequately shown the materiality of the company's Medicare overbilling.

  • June 25, 2020

    Calif. DoorDash Drivers' Wage Suit Hits Pleading Speed Bump

    A California federal judge on Thursday tossed DoorDash drivers' Fair Labor Standards Act lawsuit accusing the app-based food delivery startup of misclassifying workers but gave the drivers leave to amend and warned DoorDash that "it's frankly not going to take that much" for them to successfully replead the case.

  • June 25, 2020

    Ex-Hertz CEO Urges Judge To Throw Out $56M Clawback Suit

    A former Hertz CEO wants a New Jersey federal court to throw out the car rental outfit's lawsuit claiming he refused to give back millions of dollars in incentive pay after a huge accounting scandal.

Expert Analysis

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • What To Consider Before A Virtual Labor Arbitration

    Excerpt from Lexis Practice Advisor
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    Labor arbitrators considering virtual hearings during the pandemic must assess videoconference platforms, determine their authority to hear the case online, and evaluate whether it is appropriate to do so, say members of the National Academy of Arbitrators.

  • Opinion

    High Court Ruling Is Huge Step For Workplace Justice

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    The U.S. Supreme Court's admirably clear decision in Bostock v. Clayton County shuts down forever the unsavory argument by employers that federal law is silent on workplace discrimination against gay and transgender people, but LGBT employees will now need to defend this holding against a growing wave of religious-liberty claims, says R. Scott Oswald at The Employment Law Group.

  • What's Missing From The PPP Flexibility Act

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    The Paycheck Protection Program Flexibility Act broadens critical exceptions and safe harbors for employers who must balance reopening with workplace safety, but falls short by failing to clarify and correct two important provisions of the program, says Christina Strasser at Williams Parker.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • What Constitutes Reasonable Security Per Calif. Privacy Law?

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    Designing reasonable policies and procedures under the California Consumer Privacy Act — even in the absence of clear statutory guidance — is a task that may become more urgent as plaintiffs already have taken advantage of the act's private right of action, say attorneys at Buckley.

  • 4 Stages Of Witness Preparation You've Likely Never Heard Of

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    Trial attorneys who have a tough time preparing witnesses, especially for cross-examination, should think about the four stages of competence and how they apply to people called upon to testify under oath, says Jeff Dougherty at Litigation IQ.

  • Employers' Top 7 Coronavirus Data Collection Questions

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    Attorneys at Troutman Sanders answer key questions about using employee health information to prevent the spread of COVID-19, including whether screenings are required and how to approach data collection and storage.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • Will Companies' COVID-19 Efforts Sway Juries?

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    Glenn Kuper and Jeffrey Jarman at Tsongas Litigation Consulting share findings from their recent study investigating the influence of pandemic-related corporate good behavior on trial outcomes.

  • Opinion

    Congress Must Create More Private Rights Of Action

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    In light of the Trump administration's efforts to limit the enforcement of regulations during the pandemic and beyond, and the U.S. Supreme Court's severe limitations on private rights of action, Congress must take swift action, says attorney Todd Phillips.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • Asset Management M&A In The COVID-19 Era: Part 3

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    Asset management companies should carefully address the risks COVID-19 presents for closing M&A deals as buyers consider how to get transactions done in the current environment, say attorneys at Mayer Brown.

  • A Rare Chance To Shape Arms Regulation Compliance Relief

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    Companies regulated under the International Traffic in Arms Regulations should consider the unique opportunity to publicly comment on whether the Department of State should extend a temporary reduction in certain compliance obligations due to COVID-19, which may be key to remaining operational during the pandemic, say attorneys at Arnold & Porter.

  • Potential Legal Land Mines For Colleges Opening This Fall

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    When college campuses reopen in the fall, an unprecedented amount of lawsuits and legal challenges are expected to follow, but there are strategies universities can employ to reduce their exposure to liability, says Lisa Lori at Klehr Harrison.

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